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Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 15 December 2017 at 07:47)
Part 5
Part 5 Threat abatement plans to manage key threatening processes
Introductory note.
 Part 2 provides for the identification of key threatening processes by the Scientific Committee. This Part deals with the preparation and implementation of threat abatement plans to manage key threatening processes with a view to their abatement, amelioration or elimination.
Division 1 deals with the preparation, contents, publication and adoption of threat abatement plans.
Division 2 deals with the implementation of threat abatement plans, and includes procedures for public authorities to report on their implementation of, or on proposed departures from, measures specified to be taken in threat abatement plans.
In accordance with the Planning Act, the terms of threat abatement plans are to be taken into account by consent authorities and determining authorities (within the meaning of that Act) when they are considering development applications under Part 4, or the carrying out, or applications for approval for the carrying out, of activities under Part 5, of that Act.
Division 1 Preparation of threat abatement plans
74   Chief Executive may prepare threat abatement plans
(1)  The Chief Executive may prepare a threat abatement plan for each key threatening process to manage the threatening process:
(a)  so as to abate, ameliorate or eliminate its adverse effects on threatened species, populations or ecological communities, or
(b)  in the case of a key threatening process that could cause species, populations or ecological communities that are not threatened to become threatened, so as to prevent those species, populations or ecological communities from becoming threatened.
(2)  A threat abatement plan may contain provisions relevant to more than one key threatening process.
(3), (4)    (Repealed)
74A   Joint preparation of threat abatement plans
(1)  The Chief Executive may, with the prior approval of the Minister and the Minister administering the Fisheries Management Act 1994, make arrangements with the Director of NSW Fisheries for the joint preparation of a threat abatement plan under this Act and Part 7A of the Fisheries Management Act 1994.
(2)  In such a case, any function of the Chief Executive or the Minister under this Part in respect of the plan may be exercised in conjunction with any corresponding function of the Director of NSW Fisheries or the Minister administering the Fisheries Management Act 1994 in respect of the plan under the Fisheries Management Act 1994.
Note.
 For example, the Chief Executive and the Director of NSW Fisheries may jointly publish a notice of the preparation of the plan under section 79 of this Act and section 220ZO of the Fisheries Management Act 1994.
(3)  The Minister may exercise his or her functions under sections 82 and 83 of this Act in respect of any such plan only with the concurrence of the Minister administering the Fisheries Management Act 1994.
(4)  If the Minister administering this Act and the Minister administering the Fisheries Management Act 1994 are unable, following consultation, to resolve any dispute as to the exercise of any function under sections 82 and 83 of this Act in respect of any such plan, the matter is to be referred to the Premier for resolution. The decision of the Premier in relation to the matter is to be given effect to by the Ministers.
(5)  Except as otherwise provided by this section, this Part applies in respect of a threat abatement plan that is jointly prepared as provided for by this section in the same way as it applies in respect of any other threat abatement plan.
75   Guidelines for threat abatement plans
(1)  The Chief Executive must, in preparing threat abatement plans and in deciding which measures to include in those plans, have regard to the following:
(a)  the objects of this Act,
(b)  the likely social and economic consequences of the making of the plan,
(c)  the most efficient and effective use of available resources for the conservation of threatened species, populations and ecological communities,
(d)  the desirability of minimising any significant adverse social and economic consequences.
(2)  The Chief Executive is to consider, when preparing a threat abatement plan, any measures by which the public may co-operate in the abatement, amelioration or elimination of the adverse effects of key threatening processes on the prospects of survival of threatened species, populations or ecological communities and their recovery to a position of viability in nature.
(3)  The Chief Executive is also to consider, when preparing a threat abatement plan, any special knowledge or interest that indigenous people may have in the species, population or ecological community concerned and in the measures to be contained in the plan (including the likely social, cultural and economic consequences of the making of the plan).
76   Priorities for threat abatement plans
Priorities in the preparation of threat abatement plans are to be in accordance with the priorities for threat abatement established by the relevant Priorities Action Statement.
77   Contents of threat abatement plans
A threat abatement plan must:
(a)  state the criteria for assessing the achievement of the objective, and
(b)  identify the actions needed to abate, ameliorate or eliminate the effects of the key threatening process, and
(c)  identify the persons or public authorities who are responsible for the implementation of the measures included in the plan, and
(d)  where practicable, provide a proposed timetable for the implementation of the plan, and
(e)  state the estimated cost of the measures included in the plan, and
(f)  state the date by which the plan should be subject to review by the Chief Executive, and
(g)  include any other matter relating to the impact of the plan as the Chief Executive considers appropriate.
78   Consultation between chief executive officers
(1)  The Chief Executive must, if the Chief Executive considers that a public authority should be responsible for the implementation of a measure to be included in a threat abatement plan, consult with the chief executive officer of the public authority before completing the preparation of the draft threat abatement plan.
(2)  A measure must not be included in a threat abatement plan for implementation by a public authority unless the chief executive officer of the public authority approves of the inclusion of the measure.
79   Publication of draft threat abatement plan
(1)  As soon as practicable after preparing a draft threat abatement plan, the Chief Executive must:
(a)  give a copy of the draft threat abatement plan to the Scientific Committee, and
(b)  give notice of the preparation of the draft threat abatement plan to any public authority that the Chief Executive knows is likely to be affected by the threat abatement plan, and
(c)  publish notice of the preparation of the draft threat abatement plan in a newspaper circulating generally throughout the State and, if the threat abatement plan is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(d)  publish notice of the preparation of the draft threat abatement plan in the Gazette.
(2)  The notice must:
(a)  state that the draft threat abatement plan has been prepared, and
(b)  specify the address of the place at which copies of the draft threat abatement plan may be inspected, and
(c)  invite persons to make written submissions to the Chief Executive about the draft threat abatement plan, and
(d)  specify the address of the place to which submissions about the draft threat abatement plan may be forwarded and the date by which submissions must be made.
80   Consideration of submissions by Chief Executive
(1)  The Chief Executive must consider all written submissions received by the Chief Executive on or before the date specified in the notice.
(2)  The Chief Executive may amend the draft threat abatement plan to take into account any of those submissions or any advice given by the Scientific Committee.
81   Chief Executive to refer draft threat abatement plan to Minister
After considering the submissions and making amendments (if any) to the draft threat abatement plan, the Chief Executive must:
(a)  forward the draft threat abatement plan to the Minister, and
(b)  provide the Minister with a summary of any advice given by the Scientific Committee and of all submissions received about the draft threat abatement plan, and details of any amendments made to the draft threat abatement plan by the Chief Executive to take account of that advice or those submissions.
82   Minister may return draft threat abatement plan to Chief Executive for amendment
(1)  If the Minister thinks that a draft threat abatement plan should be amended in some respect, the Minister may request the Chief Executive to amend the plan.
(2)  On receiving such a request, the Chief Executive must:
(a)  amend the plan in the manner requested by the Minister, and
(b)  return the plan, as so amended, to the Minister.
83   Approval of threat abatement plan by Minister
(1)  In considering whether to approve or to refuse to approve a draft threat abatement plan, the Minister must have regard to the likely social and economic consequences of the approval of the plan.
(2)  The Minister may:
(a)  approve a threat abatement plan without amendment or with any amendments that the Minister considers appropriate, or
(b)  refuse to approve the plan (on the basis of the likely social or economic consequences of the plan or otherwise), or
(c)  refer it back to the Chief Executive for further consideration.
84   Threat abatement plans to be published
(1)  As soon as practicable after the Minister approves a threat abatement plan, the Chief Executive must:
(a)  give a copy of the threat abatement plan to the Scientific Committee, and
(b)  publish notice of the approval of the plan in a newspaper circulating generally throughout the State and, if the threat abatement plan is likely to affect a particular area or areas (other than the State as a whole), in a newspaper circulating generally in that area or areas, and
(c)  notify any public authority that the Chief Executive knows is likely to be affected by the plan, and
(d)  publish notice of the approval of the plan in the Gazette.
(2)  The Chief Executive must also make a copy of the threat abatement plan available for public inspection, without charge, during ordinary business hours and copies of or extracts from the threat abatement plan are to be made available to the public on request, on payment of the fee fixed by the Chief Executive.
85   Review of threat abatement plans
(1)  The Chief Executive is required to keep each threat abatement plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.
(2)  The Chief Executive is also to consider any submissions about threat abatement plans received from public authorities or the public.
(3)  If the Chief Executive considers that any change (other than a minor change) should be made to a threat abatement plan, the Chief Executive is to prepare a new plan in accordance with this Part.
Division 2 Implementation of threat abatement plans
86   Ministers and public authorities to implement threat abatement plans
(1)  Ministers and public authorities (including the Chief Executive) are to take any appropriate action available to them to implement those measures included in a threat abatement plan for which they are responsible and must not make decisions that are inconsistent with the provisions of a threat abatement plan.
(2)  If the implementation of a threat abatement plan affects a statutory discretion of a Minister or public authority, this section does not operate to exclude the discretion, but the Minister or authority must take the plan into account.
(3)  This section does not operate to require or authorise any action by a Minister or public authority that is inconsistent with any statutory or other legal obligation of the Minister or public authority.
87   Public authorities to report on implementation of threat abatement plans
(1)  A public authority (including the Chief Executive but not including a council) identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report to Parliament.
(2)  A council identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report as to the state of the environment of its area.
88   Notification of proposed departures from threat abatement plan
(1)  A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a threat abatement plan unless:
(a)  in the case of a public authority other than the Chief Executive—it has given written notice of the proposed exercise of the function to the Chief Executive, or
(b)  in the case of the Chief Executive—the Chief Executive has given written notice of the proposed exercise of the function to the Minister.
(2)  The Chief Executive must comply with any directions given by the Minister concerning a proposed departure from a threat abatement plan.
(3)  This section does not apply in relation to anything authorised to be done by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(4)  This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
89   Consultations with Chief Executive concerning proposed departures
(1)  The Chief Executive must, on receiving notice of a proposed departure from a threat abatement plan from a public authority, determine whether exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan.
(2)  If the Chief Executive considers that the departure is acceptable, the Chief Executive must notify the public authority accordingly.
(3)  If the Chief Executive considers that the departure is unacceptable because it is likely to jeopardise the effective implementation of the threat abatement plan, the Chief Executive must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means.
90   Reference of proposed departures to Ministers and Premier
(1)  A matter that has not been resolved after consultation between the Chief Executive and the public authority concerned must be referred by the parties to their respective Ministers.
(2)  In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Planning Act. In that event, the reference is to be to the Minister administering the Planning Act.
(3)  The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.
(4)  If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.
(5)  A public authority (including the Chief Executive) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.